Category: Law

It’s not enough to have a great invention. You need to protect it with a patent. A patent gives you the exclusive right to make, use or sell your invention for 20 years from the date of filing.

To get a patent on your invention idea, you need to apply either directly to the U.S. Patent and Trademark Office (USPTO) or through an attorney or agency. Once approved, your invention is published 18 months after filing and becomes public knowledge so competitors can avoid duplicating your work during that time period.

The USPTO does not require inventors to disclose their inventions until after they receive a patent, so you can keep them secret until then if desired. However, if someone else has already patented a similar idea in another country, there is no point in getting one here because it won’t give you any rights abroad anyway – American patents are not valid outside of America unless obtained by treaty or by international agreement between the U.S. government and another nation’s government (which is rare).

This is why it’s so important to research existing patents before applying for one. If you find out that someone else already has a patent on your idea, do not feel dismayed. Instead, consider ways in which you can modify or improve it and apply for a new patent based on those changes.

One way to protect your idea inventions is by filing a patent application with the U.S. Patent and Trademark Office (USPTO). This gives you one year from the date of filing to produce and file a non-provisional patent application, which is required if you want to receive a patent in this country.

You can apply for a patent online through the USPTO website, or through a patent attorney or agent. If you choose to apply yourself, you must complete form PTO/SB/18a and submit it with two copies of your invention’s drawings (or photographs) and descriptions.

Inventors can also apply for a provisional patent, which is less expensive than the full application but does not provide as much protection. A provisional patent provides an inventor with one year of exclusive rights to their invention and allows them to show it off at trade shows, conventions and other events without fear that competitors will copy it. The USPTO recommends getting a provisional patent before disclosing your invention publicly so you can later file for a non-provisional patent if you choose to do so.

Obviously the original inventor is entitled to apply and be granted a patent over their new invention. However it is often the case that many people are involved in the creation of an invention and therefore it can become quite difficult to ascertain who exactly the patent should be registered against.

Patent applications can be made by an individual inventor or company. In many cases the application can be made by two parties jointly and when the patent is granted the rights are allocated accordingly.

Be aware that if you created you invention whilst employed i.e. either in the course of your duties or during work hours and used work resources, then it could be the case that your employer is legal owner of your invention. Check your employment contract for any relevant provisions. If you are still unclear you should seek advice from professionals, such as InventHelp patent an idea agency.

The Length of a Patent

A patent can be granted for 5 to 20 years. A block application can be made for 0-4 years, anything above this, you must renew the patent every 4th anniversary.

The Benefits of Having a Patent

Prevention against exploitation – having patented protection over your invention means that others are prevented from copying, using or selling your idea without your permission. This keeps the value and originality of your work safe and it is all easily done with InventHelp patent services.

Generating an income – owning a patented product or process can provide a source of income (depending on demand). The patent can be licensed and , or sold the same as other assets. For example if you have designed a revolutionary car engine and patented the ‘revolutionary’ aspect of the invention. If Honda then wished to use the invention in one of its cars, you could license the right to use the patented object to the company in return for capital. You can of course sell your patented rights to another party.

If you have an original idea that you believe merits a patent, you will need to file an application for the appropriate patent with the U.S. Patent and Trademark Office. This is where you can apply to patent an idea for a utility, design, or plant patent.

The United States Patent and Trademark Office falls under the U.S. Department of Commerce and its role is to grant patents to protect original inventions, as well as to register trademarks. It is responsible for preserving, classifying, and disseminating patent information, which helps our nation progress both technologically and industrially, as well as helps strengthen our economy.

People often confuse a patent with a trademark or copyright. A patent is a formal grant of a property right to the person who has an original invention. To be clear, this does not give you the exclusive right to manufacture, use, sell, or import your invention, rather it prohibits other people from manufacturing, using, selling, or importing your invention outside of the United States.

A new patent is generally good for 20 years after the date the original patent application was filed with the USPTO. Once the USPTO issues you a patent, it is your responsibility to enforce it, without their help, as they have no jurisdiction over purported infringement or enforcing your patent. Of course you can always hire professional assistance from a patent agency such as Invent Help to guide you.

People also tend to misunderstand the fact that a mere idea or suggestion cannot be patented. You must have a thorough description of the subject matter you are seeking to patent. The patent law also states with specificity that your invention must be “useful” in that it has a useful purpose, including its operativeness. Be advised that under the Atomic Energy Act, enacted in 1954, you are prohibited from patenting an invention that is to be used exclusively for utilizing atomic energy for an atomic weapon, or special nuclear material.

There are three types of patents:

A utility patent is for the original invention or discovery of a machine, process, composition of matter, or product to be manufactured, or any new improvement to any of these that you believe will prove useful.

A design patent is for the invention of any new, ornate design for an article to be manufactured, which is your original idea.
A plant patent is for the invention or discovery of an unequivocally new type of plant. You must first have asexually reproduced your new plant before applying for the patent.

The application process for utility and design patents can be accomplished online at uspto.gov using the EFS-Web feature, which will assist you in submitting your PDF format application documents as was very well elaborated in this article on https://kulturehub.com/inventhelp-step-by-step-guide-inventor/.